AboutMike Weikle Expertise Banking Lender Liability; Insurance Coverage; Consumer Rights; Bank Fraud; Criminal: White
Collar Crime; Fair Debt Collection Practices Act; Directors and Officers Liability
Experience Commissioned National Bank Examiner 7 years; President of Two Community Banks; Division Claims Specialist for American Bankers Association Sponsored Insurance Program; Carter Member of the Bank Fraud Team of the Office of the Comptroler of the Curency "OCC" (National Banjk Examiners); Attorney previously representing FDIC and Resolution Trust Corporation as well as consumers and commercial borrowers in claims against the banking industry; Former Data Processing Systems Examiner for the OCC; Expert Witness on variety of banking issues in both state and federal court.
Education/Credentials Certified Public Accountant;
JD -- West Virginia College of Law - Order of the Coif
Data Processing Training Old Dominion Bank and IBM
Question We bought an used van in the summer of 08. A few days later we started having problems with the transmission. We took it to a mechanic who said that the transmission was starting to go and tried changing the fluids to see if that would help. It was good for a few months. We kept up on the payments up until dec 08. The car dealership that we bought if from started to get investigated for fraud. A few weeks later they got shut down, and the owner that we bought our van from was arrested for selling drugs out of the dealership and for trading titles for drugs. We have asked him multiple times to see the title to our van, and he says that he has it but we haven't seen it. We refuse to pay any payments for the van, it is currently unable to be driven, so it is parked on our property. He calls maybe 5 times a day, has come to our house multiple times demanding money. We have told him to take the van and he refuses. The last call that he left a message was that he was going to sue us for a lot of money. I have had cars repoed before, and I know that they have to sell the vehicle before they can come after us. What can we do?
Answer CALL THE POLICE AND REPORT WHAT THIS PERSON IS DOING AND THAT HE MAY HAVE SOLD YOU A STOLEN VEHICLE!!
I am assuming the owner also provided financing for your car. Call the police and ask them to run your vehicle identification number through their computers, and tell them you are concerned the car you bought from this dealer is stolen. I imagine they will be happy to respond to your request. Even more so if you contact the police department that arrested him for selling drugs.
I would also ask the police about how you can get a personal protection order to keep this guy away from you or your family.
Also, people like this generally don't sue because they cannot get an attorney to represent them. Given his criminal issues, he is likely spending his money on criminal attorneys. If he did sue and it went to a reasonable jury, who do you think they are going to beleive -- the guy that bought the car or the dirt bag drug dealing seller. So, as a practical matter, I would not be concerned about him actually suing you.
In the process of selling you the car, he has probably violated your state's unfair anc deceptive sales practices act. I would need to know the state where you bought the car to advise you specifically.
If he comes onto your property again before you can get a restraining order (personal protection order), I would tell him to get off of your property immediately and tell him you were calling the police -- have your phone in hand and dial 911. You should be concerned about what this guy might do given his apparent desperate need for money.
I would say you probably have a good basis for a civil lawsuit against this guy, but he probably has no real assets to attach, so it would not be worth the time. That said, however, you should not put up with him coming on to your property and demanding payment for a car he cannot provide you with a title.
